Terms & Conditions

WHEREAS

These General Terms and Conditions of Sale exclusively regulate the contractual relationship between the customers of the website www.crashbaggage.com (hereinafter referred to as “Customers”) and the seller Crash Baggage S.r.l. This website is the exclusive property of the company Crash Baggage S.r.l. with capital of 20,000 Euros and registered office in Mira (VE) Via Tresievoli n. 7 / E, P.I. 04166700270.
These General Terms and Conditions are the only ones that can be applied and replace all other conditions, except for prior, express and written derogations.
The website www.crashbaggage.com and the material contained therein do not constitute an offer to the public pursuant to and for the purposes of art. 1336 of the Italian Civil Code, but merely represent an invitation to offer. Any purchase order for any product on the Website forwarded to Crash Baggage S.r.l. through the Website itself by any potential customer (hereinafter simply the “Customer”) constitutes a contractual proposal by the Customer.
Finally, it should be noted that the contract is stipulated in the Italian language. Once concluded, it will be filed electronically at the Supplier’s head office, in Via Tresievoli 7 / E, 30034, Mira (VE). You can request a copy by filling out the form here.

Art. 1 – DEFINITIONS

The Customer can be either a Consumer or a Professional. For clarity, it should be noted that pursuant to art. 3 Legislative Decree No. 06.09.2005, n. 206 “Consumer” is defined as the natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. “Professional” is defined as the natural or legal person acting in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary thereof.
It is specified that these general terms and conditions of sale apply to both Consumer and Professional customers.

Art. 2 – ONLINE PURCHASE AND PAYMENTS

A prerequisite for being able to place an order is that the person placing the order must be over the age of majority.
The order process consists of four consequential steps:

  1. The Customer must first identify himself/herself;
  2. The Customer must choose the product(s) and accept the General Terms and Conditions of Sale by ticking the appropriate box;
  3. The Customer must choose the delivery methods;
  4. The Customer must choose the payment method .

Once the payment method has been selected, the Customer must proceed with the payment of the order. Once these operations are concluded, a confirmation of receipt of the order placed by the Customer will be sent immediately. Please note that payments made on www.crashbaggage.com are safe and guaranteed. They can be made by Credit Card, PayPal, WeChat Pay.
Any errors in data entry can be corrected by filling this form with the data to be changed by 11.00 am on the same day as the order.
Shipping charges incurred by Crash Baggage Srl caused by incomplete or incorrect data entry shall be charged to the customer.

Art. 3 – CONTRACTUAL INFORMATION

Following the submission of the proposal by the Customer referred to in the previous article, a receipt for the order placed by the latter will be sent to the e-mail address provided by the latter, containing the following information:

  • the total price of the goods including taxes, with details of shipping costs and any other costs;
  • the method of payment.

Art. 4 – CONCLUSION OF THE CONTRACT

The Supplier will subsequently accept the order proposal only after verifying the completeness and correctness of the proposal itself. In any case, the Supplier reserves the right not to accept the order proposal received if:

  • The product is not available. In this case, the Supplier will inform the Customer by e-mail and will refund any sums already paid for the product, provided that the Customer is not interested in modifying his/her contractual proposal;
  • if the security system reports an order as unusual or potentially fraudulent;
  • if there is reason to believe that the person placing the order is not at least 18 years old;
  • if there is reason to believe that the person placing the order is a retailer;
  • if it is not possible to deliver to the address provided;
  • in case of force majeure.

If the order proposal is accepted, the Supplier will notify the Customer of the conclusion of the contract. From that moment on, the Supplier will also be bound by the terms and conditions set forth herein. Upon confirmation of the order, the Supplier undertakes to execute the order received within the timeframe envisaged in Article 5 of this contract.

Art. 5 – SHIPPING AND SHIPPING COSTS

Any transport costs may be borne by the Customer. In this case, the amount of these costs will be calculated and displayed in the “shopping cart” section once the products have been inserted. Delivery times vary depending on the place where the product must be delivered.
For shipments in Italy, approximately 2/3 working days will be required and all the material will be shipped by express courier. For shipments within Europe, approximately 4-7 working days will be required and all material will be shipped by express courier.

Art. 6 – INVOICING

VAT number holders can request an invoice at the time of ordering by immediately filling in the form on this page, reporting the order reference and complete billing data. In other cases, purchases will  be accompanied by a receipt.

Art. 7 – RIGHT OF WITHDRAWAL

In the case of purchases of Products as a consumer pursuant to the provisions of the Consumer Code, the CUSTOMER has the right to withdraw from the contract, without indicating any reasons.
The withdrawal period expires after 14 days from the day in the case of a sales contract: «in which the CUSTOMER or a third party, other than the carrier and designated by the CUSTOMER, acquires the physical possession of the goods;
or
in the case of multiple goods ordered by the consumer by means of a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;
or
in the case of delivery of goods consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece.
The CUSTOMER may exercise the right of withdrawal before the expiry of the withdrawal period, by using the following format on the Crash Baggage website. In order to comply with the withdrawal period, it is sufficient that the communication concerning the exercise of the right of withdrawal to be sent before the expiry of the withdrawal period

Art. 8 – EFFECTS OF WITHDRAWAL

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund the value of the goods, excluding the cost of delivery, no later than 14 days from the day on which the notice of withdrawal was received.
These refunds will be made using the same means of payment used by the CUSTOMER, unless otherwise expressly indicated. In any case, the CUSTOMER will not incur any costs as a result of such a refund.
The CUSTOMER must return the goods to the SELLER or deliver them to the headquarters without undue delay and in any case within 14 days from the day on which the withdrawal from this contract was communicated to us. The deadline is met if the CUSTOMER sends back the goods before the expiry of the 14-day period. The costs of returning the Products will be borne by the CUSTOMER.
Pursuant to art. 56, paragraph III, Legislative Decree 06.09.2005, n. 206 (Consumer Code), the SELLER is entitled to withhold the refund until the PRODUCTS have been received by the SELLER or until the CUSTOMER has proven to have sent back the PRODUCTS, whichever situation occurs first.

Art. 9 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
IN THE CASE OF CUSTOM-MADE PRODUCTS

The above right of withdrawal, regulated in accordance with the provisions of the Consumer Code for distance contracts and contracts negotiated away from business premises, is excluded in relation to the supply of PRODUCTS made to measure or clearly personalized. Therefore, in the event that the requested PRODUCT is customized, the CUSTOMER will not be able to exercise the withdrawal as determined above.

In the event the CUSTOMER has expressly requested the SELLER to purchase customized PRODUCTS, by which is meant those goods having specific characteristics and/or characteristics peculiar to the CUSTOMER (such as but not limited to trademarks, logs, photos, graphic representations) and therefore not standard or usable by other parties, the CUSTOMER shall not be entitled to exercise the right of withdrawal provided for in the foregoing article.

Art. 10 – WARRANTY (applicable to Consumer Customers)

In the event that the Customer qualifies as a Consumer, Crash Baggage is liable to the Customer for any lack of conformity manifested within a period of 2 (two) years from delivery of the goods. The Consumer loses the right to tender if he/her does not report the conformity defect within 2 (two) months of its discovery. The complaint must be made by registered letter with acknowledgment of receipt sent to Crash Baggage S.r.l.
It should be noted, for the sake of clarity, that in any case, the action aimed at asserting the lack of conformity is prescribed in 26 (twenty-six) months from the delivery of the goods.
Following the Customer’s complaint, the company Crash Baggage S.r.l. will take delivery of the defective product to verify whether or not the malfunctioning depends on a lack of conformity.
In any case, pursuant to and for the purposes of articles 128 to 135 of the Consumer Code, for defects that occur in the first 6 (six) months from the date of delivery of the product, verification is always the responsibility of Crash Baggage S.r.l., as it is assumed that such defects exist from the time of delivery.
After six months from delivery, only if the malfunction does not depend on a lack of conformity, Crash Baggage S.r.l reserves the right to request the Consumer the reimbursement of the cost – which will be indicated in advance – incurred for the verification.
The Consumer Customer may receive the repair or replacement without incurring any expense, unless the remedy is objectively impossible or excessively burdensome compared to the other. Repairs or replacements will be carried out within a reasonable period of time from the request.
An appropriate price reduction or termination of the contract may also be offered if one of the following situations occurs:

  • repair and replacement are impossible or excessively expensive;
  • Crash Baggage S.r.l. does not repair or replace the goods.

Art. 11 – INDUSTRIAL PROPERTY

All trademarks, products and trade names used on this Site are reserved and the exclusive property of the company Crash Baggage S.r.l. Therefore, no one is authorized to use or reproduce such trademarks, names and designations, as this may constitute infringement of the rights of their respective owners. Under no circumstances the Customer is authorized to use the information contained in the website www.crashbaggage.com  including reproduction, modification, distribution, unless prior authorization has been issued by Crash Baggage.

Art. 12 – ALTERNATIVE DISPUTE RESOLUTION

Pursuant to the Consumer Code, the customer can make use of the Joint Conciliation Procedure. The Procedure can be initiated if the consumer after submitting a complaint to the company has not received a response or has received a response not considered satisfactory by him. The Customer may refer to the European Commission, Online Dispute Resolution (ODR).

Art. 13 – APPLICABLE LAW, JURISDICTION AND COMPETENT COURT

These Conditions are subject to Italian law.
Pursuant to and for the purposes of the article of the Consumer Code, if the Customer qualifies as a Consumer and the dispute has not been resolved in accordance with the above, the court of the place of residence or domicile of the consumer, if located in the territory of the State, will have exclusive and mandatory jurisdiction.
If the Customer does not hold the status of Consumer, all disputes relating to the interpretation and / or execution of this contract, will fall under the exclusive jurisdiction of the Court of Venice.